Revisiting the Neighborhood Schools Court decision
 
10 years ago, the average middle class family won in court
10 years ago, race-based student assignment died
10 years ago, low student performance was forced into the spotlight
 
Front Page of the Charlotte Observer 9-11-1999 
 
 
 
When people think of 9-11, images of terrorism, carnage and Muslim extremism come to mind. These days, '9-11'  universally (and sadly) refers to September 11th, 2001, the day of the World Trade Center and Pentagon attacks.
 
For me, I also think about 9-11-99, two years earlier to the day (a Saturday) when the above headline and picture appeared on the front of the Charlotte Observer. In 1999 CMS and Charlotte's elite were forced to deal honestly with poor and middle class parents for the first time.
 
In the Charlotte Observer published photo above are Larry Gauvreau, Jim Puckett and me walking out of the Federal Courthouse building after reading the decision of Federal Judge Potter banning race-based student assignment. Larry was one of the plaintiff's. Jim Puckett was on the School Board and I was on the County Commission (even then). We worked together to bring an end to race-based student assignment along with the original plaintiff (Bill Cappachione and his daughter), the 'Grant Intervenors' (Larry and other middle class parents) and various lawyers who believed, as I do, that CMS was discriminating against white students by refusing to allow them to attend a school close to home.
 
While I wasn't a part of the lawsuit, I was friends with those that were and often ended up speaking in news articles and with the media to relay information that the 'plaintiffs' could not discuss openly.
 
After we walked out of the courthouse with the decision to greet reporters on Friday, 9-10-1999 we arranged to have a party at Jim Puckett's house the following evening of the 11th. We (the plaintiffs and elected officials pushing for the end of busing and others) brought lots of copies of the Observer front page above and passed them around signing them. Mine is framed and in my office.
 
During those times, anyone who uttered the words 'neighborhood schools' was branded and called names. To oppose busing was to be a 'racist'. To oppose Charlotte's assignment plan of busing was to anger the elite that ran Charlotte.
 
Charlotte had been the place that claimed to make 'busing work'. It was lie, but a creative lie is often successful.  Charlotte's leaders at the time (whether they knew it or not) followed the game plan set out in World War Two by one of the Nazi's top leaders:
 
"If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State."- Joseph Goebbels 

 
In Charlotte's case - the elite, for decades, kept from the public the truth about the lack of success of busing. They also squelched dissent by dumping tons of money into  the political system  to insure 'their people' won. This was a prevarication of massive proportions designed to prop up the belief that all students were getting a good education and that 'diversity' worked when in reality Black children were being shuffled from school to school to hide the problem from the public.
 
Another picture of the event on the courthouse steps with Paul Haisley, a candidate for school board at the time, was published the next day in follow-up articles (photo by the Charlotte Observer): 
 
 
Yet, those of us who believed that CMS should 'fix' its educational problems and close the race gap firmly believed that busing kids (black, white or in between) was wrong and had the effect of hiding the poor performance of minorities and the very achievement gap CMS professed to be worried about.
 
Prior to this court decision, CMS would split poor performing minority students among lots of different schools so that no one school's test scores looked to bad. It was called the 60-40 ratio. If a schools results looked bad, after 3 years or more, they would bus (transfer) the underperforming children to a different school so that CMS wouldn't have to address their failure at any particular school and would never have to answer why the white-black achievement gap essentially stayed the same. It was a giant sad shell game that moved these Black children from one school to another, one step ahead of some classification of the school by the state with a low performing moniker.
 
In  1996 (three years before) I had run for County Commission and put 'neighborhood schools' on my bumper stickers using it as a campaign slogan for county commission. At that time my kids were little but would soon be in school. In those days, anything outside of Fairview Road wasn't considered by the elite to really be Charlotte. The rest of us in suburbia outside Fairview Road were just viewed as 'visitors'. We could live in Charlotte Mecklenburg but we were expected to accept what "Mr. Shiney Shoes" told us. Mr. Shiney Shoes was local columnist Tara Servatius' (now on WBT 3-5 weekdays) name for the collective elite that ran Charlotte, raised money for 'their' candidates and expected elected officials to vote how they were told. Her articles are required reading for anyone wanting to understand what really happened during that time.
 
 
What started the court case was Bill Cappachione the original plaintiff. He and his wife wanted his daughter to attend a local elementary magnet. His daughter was 1/2 white. CMS refused admittance to a magnet elementary school for that reason saying that 'diversity' was necessary to improve the education of all children. If she had been Black she would have been admitted. Being 1/2 white was enough of a taint according to CMS to deny her admission giving others that were 100% black a slot. After reflection, Mr. Cappachione sued in Federal court. I remember Bill calling me about whether to sue or not. I told him at the time that if he would sue I would pay the $500 filling fee in Federal Court. I didn't have to write a check but those of us at that time in the mid 90's were determined to stop the reverse discrimination against white children that was taken as acceptable by those in power in Charlotte at the time.
 
The folks that claimed to 'make busing work' were those that mostly sent their own kids to private Charlotte schools. They were in positions of power and served to be the biggest promoters of making middle-class and poor children suffer on school buses for the intangible and non-educational goal of  'diversity'. They were the ones that pushed quotas and set-asides ultimately overturned by Judge Potters decision (upheld later by the US 4th Circuit). Here is an example of how 'suburbia' was pictured in 1999 (a Charlotte Observer editorial cartoon) by the mainstream media:
 
 

After Judge Potter's decision was announced, liberals bemoaned the loss of 'diversity' even though that was never the reason busing was implemented to begin with. The 'achievement gap' between black and white students hasn't changed much with or without busing proving that 'diversity' as an educational tool is a canard.

After losing in 1999, some feared marches and riots from the inner-city (there were threats of that from certain inner-city leaders). This was fed by a constant stream of commentary painting suburbia (which was mostly white) as selfish and mean. In 1999 a deal was struck to not appeal Judge Potters ruling in exchange for lots of big dollar bond money for the inner-city. Over the next 10 years we spent $1 billion (with a 'b') or more fixing a lot of inner-city schools because (it was claimed) that was the only way to fix the achievement gap.
 
In reality, the achievement gap is not a function of the newness of a facility, or just the experience of teachers who are in the schools. After winning in court and receiving a promise for a lot of dough for inner-city schools, Black leaders at the time on the school board backed by certain inner-city pastors changed their minds and voted to appeal the ruling. "Mr. Shiney Shoes" got played by local Black leaders.
 
Over the following few years, the US 4th circuit upheld the decision and CMS was forced to return to a neighborhood school model. Even so, mainstream media in Charlotte who were in favor of quotas and set-asides would paint the new neighborhood schools 'assignment feeder system' as benefiting just white kids. Since suburban parents wanted to protect their kids, they were called names for holding that belief. See this cartoon from that time:
 
 
Now, 10 years later, it would seem that CMS is trying to return to busing. Instead of a 'loud and proud' busing scheme of the past they are trying to adjust attendance zones quietly in an attempt to spread poverty around. Unable to fix the achievement gap, and unwilling to admit its real cause, CMS is reverting back to hiding its problem in plain sight by disbursing the achievement problem across as many schools as possible. While this is impossible to do at the elementary school level and tough at the middle school level - CMS is focusing on high schools.
 
This is (I believe) what happened to make the new suburban Mint Hill High school have a high anticipated poverty level (poor kids moved from Independence High) and fewer planned non-poverty students at Myers Park High proposing to transfer them to East Mecklenburg to prop up that school. 
 
My generation (Jim Puckett, Larry Gauvreau and a host of others) fought for the children of that generation but now the question remains whether the next generation of parents will sit back and accept the status-quo or join the fight against reverse discrimination, quotas, busing and gerrymandered attendance zones.
 
While we won the court decision and have fought for 10 years to insure compliance, it is up to the next generation of parents in Charlotte-Mecklenburg to be vigilant and to push to insure neighborhood schools stays a reality and not a footnote in some history book.
 
Bill James, R
County Commission, District 6 
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To read some of the details from that time in September of 1999 10 years ago (if interested), see these links:
 
 
 
USAToday article about CMS and the end of busing:
 
 
The following is an article I wrote for the Observer published 11-24-1998 about forcing the school board into court:
 
 
 
Charlotte Post op-ed (click on pic)